Regarding retirement of director of pvt co. by rotation

sanjay kumar (Trainee) (44 Points)

10 March 2012  

As per sec 256 the provision relating to retirement by rotation is not applicable to Pvt Co.unless otherwise provided by its AOA.

How we should interpret if it is written in article that, "All the Directors liable to retire by rotation, if any, shall be entitled for reappointment"  but nothing mentioned in the Article that which Director is liable to retire by rotation.

1. will the Directors of a Pvt Co. be liable to retire by rotation if nothing is mentioned in its Articles?

2. Whether first Directors of a Pvt Co. be liable to retire by rotation?

3. There are 2 Directors only n subsequently we appoint an additional Director n we regularize him in the AGM as a Director but resolution for his appointment is silent regarding his retirement i.e, whether he is liable to retire by rotation or not. will he be liable to retire by rotation as per its article?